Prohibited Steps Order Solicitors
If you are concerned about an important decision being made about your child without your agreement, a prohibited steps order may be relevant. NLS can help you understand the issues, consider the available options and prepare for the next steps.
Take a clear step to protect the arrangements that matter for your child.
Shabana Sultana
Prohibited steps order advice
A prohibited steps order is a type of court order that can prevent a particular action being taken in relation to a child without the court’s permission. It is one of the orders available under section 8 of the Children Act 1989.
These situations can arise when parents or carers disagree about a specific decision affecting a child’s upbringing. You may be concerned about a proposed move, a change of school, overseas travel or another significant decision being made before the matter has been properly discussed.
NLS provides clear advice, careful representation and practical support. We can help you understand whether a prohibited steps order may be relevant, the information that may be needed and the options available.
What is a prohibited steps order?
A prohibited steps order restricts a specified aspect of parental responsibility. It can prevent a person from taking a particular step relating to a child unless the court gives permission.
It is different from a child arrangements order, which deals with where a child lives and who they spend time with. It is also different from a specific issue order, where the court is asked to decide a particular question about a child’s upbringing.
The right approach will depend on the circumstances, the action causing concern and any arrangements already in place for your child.
When might a prohibited steps order be considered?
A prohibited steps order may be considered where there is a specific disagreement about an important step affecting a child. Circumstances vary, but concerns can include:
- A child being taken abroad without the necessary agreement or permission
- A proposed change to where a child lives
- A child being removed from a school or a disagreement about education
- A change that may affect existing child-arrangements arrangements
- A significant decision being made without agreement
For major decisions, such as a proposal to move abroad with a child, GOV.UK states that everyone with parental responsibility must agree in writing. If agreement cannot be reached, it may be possible to apply for a prohibited steps order or a specific issue order.
A prohibited steps order is not the answer to every disagreement. It is important to understand the particular concern and the practical steps that may be available.
How NLS can help
NLS can help you to:
- Understand the purpose of a prohibited steps order
- Identify the specific decision or action causing concern
- Consider whether an agreement or another option may be appropriate
- Explain the court application process and the information that may be required
- Understand the next steps where there are concerns about your child’s welfare or safety
We will take time to understand the circumstances affecting your child and explain the issues in clear, practical terms.
Keeping your child’s welfare at the centre
When the court determines a question about a child’s upbringing, the child’s welfare is its paramount consideration. The court will consider the individual circumstances of the child and family before deciding whether an order is appropriate.
There is no automatic outcome. A concern about travel, schooling, living arrangements or another decision will be considered in the context of your child’s needs, their current arrangements and the information available.
It can help to have a clear record of the concern, the proposed action, relevant communication and the possible effect on your child.
Applying for a prohibited steps order
An application for a prohibited steps order is usually made using Form C100. This is the form used for child arrangements orders, prohibited steps orders and specific issue orders under the Children Act 1989.
Before applying to the court, an applicant will normally need to attend a Mediation Information and Assessment Meeting, known as a MIAM. There are exemptions in certain circumstances, including where a case is urgent, there are child-protection concerns or there is evidence of domestic abuse.
If there are already ongoing proceedings concerning your child, a different form may be required.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
Urgent concerns about your child
Some situations may need to be addressed quickly, particularly where you are concerned that a significant decision may be made before there is time to reach agreement.
The C100 process allows an applicant to say whether they are seeking an urgent hearing or asking the court to consider an application without notice to the other person. Whether this is appropriate depends on the facts of the situation and the reasons for the application.
If you believe your child is in immediate danger, contact the emergency services. Otherwise, seek legal advice promptly so you can understand the options that may be available.
Prohibited steps orders and child arrangements
A prohibited steps order can arise alongside wider questions about child arrangements. You may already have an agreement or court order about where your child lives and the time they spend with each parent, but need to address one particular decision that could affect those arrangements.
It can be important to consider the wider picture, including your child’s routine, education, relationships with parents and other important people, and any existing court orders.
Visit our child arrangements page for further information about arrangements for children after separation.
Reaching agreement where possible
Where it is safe and appropriate, some parents are able to resolve a disagreement through discussion or a form of non-court dispute resolution.
However, agreement will not always be possible or appropriate. If there are concerns about safety, domestic abuse, child protection or a proposed action that needs to be addressed urgently, it is important to understand the available options before taking further steps. The court process allows applicants to identify concerns about harm, domestic abuse, child abduction and other safety or welfare issues.
Speak to NLS about a prohibited steps order
If you are concerned about a decision affecting your child, clear advice can help you understand the issues and consider the next step.
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Contact NLS to discuss your circumstances. Evening and weekend appointments available.
Prohibited Steps Order FAQs
- What is a prohibited steps order?
A prohibited steps order is a court order that prevents a specified action relating to a child from being taken without the court’s permission. It is a type of section 8 order under the Children Act 1989.
- What can a prohibited steps order prevent?
A prohibited steps order can prevent a particular step being taken in relation to a child. Examples may include taking a child abroad, changing their school or making another significant decision without the court’s permission. The appropriate terms will depend on the circumstances.
- Is a prohibited steps order the same as a child arrangements order?
No. A child arrangements order deals with where a child lives and who they spend time with. A prohibited steps order restricts a particular action relating to a child.
- How do I apply for a prohibited steps order?
An application is usually made using Form C100. This form can be used to apply for a child arrangements order, prohibited steps order or specific issue order.
- Do I need to attend mediation before applying?
You will normally need to attend a MIAM before applying, unless a valid exemption applies. Exemptions can apply in some cases involving urgency, domestic abuse or child-protection concerns.
- Can a prohibited steps order stop a child being taken abroad?
It may be relevant where there are concerns about a child being taken abroad. The legal position will depend on matters including parental responsibility, any existing court order and the purpose and length of the proposed travel.
- How long does a prohibited steps order application take?
Timescales vary depending on the circumstances, the issues in dispute, whether an urgent hearing is requested and the court process. It is not possible to predict a timescale without understanding the situation.